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Batista v. State, Case No. 5D08-674 (Fla. App. 10/10/2008) (Fla. App., 2008)

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JUAN LUIS BATISTA, Appellant, v. STATE OF FLORIDA, Appellee.Case No. 5D08-674. District Court of Appeal of Florida, Fifth District. Opinion filed October 10, 2008. Appeal from the Circuit Court for Orange County, Stan Strickland, Judge. Juan Luis Batista, Clermont, pro se. Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. LAWSON, J. Juan Luis Batista appeals from an order of the circuit court in Orange County dismissing his petition for writ of habeas corpus. The dismissal order concludes that jurisdiction properly lies in Lake County, where Batista is currently incarcerated, and dismisses the petition on this basis alone. Although we find that jurisdiction is proper in Orange County, we affirm the trial court’s order because Batista is clearly not entitled to any relief based upon the facts alleged in his petition...continue to full post

Full post as published by Florida Criminal Law Opinions on October 10, 2008 (boomark / email).